- (1.) The petitioners are the Secretary and the Headmaster of Nalhati Junior High Madrasah in the district of Birbhum. The Madrasah was recognised as Junior High Madrasah of Class V-VI prior to independence and continued to function till 1961 but remained closed from 1962 to 1975. In 1975 some local people decided for the revival of the said Madrasah as there was no Madrasah in the locality for the teaching of Arabic and Islamic culture among the Muslim people. The local people constituted an Ad hoc Committee to look into the affairs of the Madrasah and appointed teaching and non-teaching staff and as such the old Madrasah was revived with its old name Nalhati Junior High Madrasah and started functioning from the academic year 1976 which seeks teaching and non-teaching staff. It is stated that the Madrasah fulfilled all the conditions required for the purpose of granting recognition. An application was made to the Secretary of the West Bengal Madrasah Education Board on 12/09/1983 in the prescribed form No. 1316 for according revival of recognition as four class Junior High Madrasah from Class V-VIII. The Secretary of the Board forwarded the application by Memo dated 7/11/1983 to the Director of School Education for taking necessary action regarding inspection of the Madrasah and to submit report justifying the claim of revival of recognition. The Director deputed one Assistant Inspector of Schools (S.E.) (Spl.) to investigate and he visited the spot on 8/12/1983. The said Assistant Inspector of Schools submitted a detailed report recommending the revival of recognition and forwarded on 21/12/1983 with all necessary papers to the Secretary of the West Bengal Madrasah Education Board. After receiving the said report the Secretary convened a meeting of the Board on 20/03/1984 and it was unanimously resolved that Nalhati Junior High Madrasah be revived and recognition be accorded with effect from 1/01/1984. Thereafter the Secretary of the Board sought clarification from the Director of School Education by Memo dated 27/03/1984 whether the Director was agreeable to bear the financial liabilities of the said Madrasah in case of revival. It is further stated that the District Level Inspection Team, Birbhum, adopted a Resolution on 30/04/1982 regarding revival of recognition of the said Madrasah as fourclass Junior High Madrasah and the District Inspector of Schools (S.E.) by Memo dated 2/08/1984 submitted a report to that effect to the Director of School Education. It is submitted that after the Resolution of the Board dated 20/03/1984 at two meetings held on 17/04/1984 and 14/06/1984 the same resolution for the revival of recognition of the Nalhati Junior High Madrasah was passed and thereafter the Secretary of the Board obtained a letter being Annexure 'B-1' dated 15/06/1984 regarding revival of recognition. It is stated that the petitioners did not receive any formal letter regarding revival of recognition of the Madrasah from the Board. The petitioner cited examples of Sadharaner Siddiquia Junior Madrasah, Howrah, and Talibpur Senior Madrasah, Murshidabad, which were granted recognition. It is alleged that the Secretary of the Board assured the petitioners of recognition but nothing was done. It is the contention of the petitioners that the Nalhati Junior High Madrasah has fulfilled all the conditions required for granting recognition and the Director of Education agreed to bear the financial liabilities of the Madrasah.
(2.) The Secretary of the West Bengal Madrasah Education Board filed Affidavit-in-Opposition and contested the matter. It is specifically stated in the Affidavit that the State Government has specified the duties and functions of the West Bengal Madrasah Education Board under the Resolution No. 211-Edn.(M)/SM-5-72 dated 2nd Feb., 1973. It is further stated that the power was granted for recognition and withdrawal of such recognition except Higher Secondary Madrasah subject to the approval of the State Government. It is the definite case of the Secretary of the Board that the Board is required to act on the recommendation of the State Government in the matter of recognition to be granted to any Madrasah. It is stated that for the recognition of Madrasah an application is to be made to the Board which is forwarded to the Director of School Education for causing an inspection by the District Level Inspection Team. The Team's report submitted to the Director of School Education who in turn submits his report to the Education Department of the Government. The Education Department after scru- tinising the report and examining the materials on being satisfied about the need of recognition recommends for recognition of the said institution by the Board. The recommendation of the Government is binding on the Board and the Board grants recognition only upon the receipt of such recommendation from the Government. It is stated that the Board was not in existence prior to independence and was created by the State Government only in the year 1948. It is further stated that at all material times the said Madrasah was a Junior Madrash bat not a Junior High Madrasah and it obtained provisional recognition granted by the Government. It is also mentioned that the Board after it was created is required to grant recognition to Junior Madrasah, High Madrasah and Senior Madrasah on the recommendation of the Government. The deponent refused the claim that Nalhati Madrasah was a Junior High Madrasah and not a Junior Madrasah and it is beyond the power of the Board to grant any recognition without the sanction of the State Government. It is also admitted that the letter dated 19/05/1984 by the Director of Secondary Education informing about involvement of Rs. 80,000.00 in case of revival of recognition of Nalhati Junior High Madrasah was never okeyed and the letter of 15/06/1984 appears to be written by the Secretary on erroneous view. It is also stated that no decision was taken at the meetings by the Board held on 17/04/1984 and 14/06/1984 in respect of the Madrasah and it was a bona fide mistake on the face of the record as the revival of recognition can only be granted by the Government and none else. It is also submitted that as the Madrasah was not the Junior High Madrasah there cannot be any claim for the revival of the said Madrasah as the Junior High Madrasah. It is denied that the case of this Madrasah is totally different from the Madrasahs referred to by the petitioners one in Howrah and another in Murshidabad.
(3.) From the Annexure 'B' to the writ petition it appears that this is a Memo dated 19/05/1984 written by the Director of Secondary Education, West Bengal, to the Secretary of the West Bengal Madrasah Education Board regarding revival of recognition of Nalhati Junior High Madrasah. Nowhere in the four corners of the said letter of one page it appears that the Director of Secondary Education has accepted that the Government would bear the financial responsibility of the Nalhati Junior High Madrasah. It simply indicates the financial implications in break up form of Headmaster, five Assistant Teachers, one Moulavi, Clerk, and one Peon which amount to Rs. 80,000.00 per annum including pay, D.A. etc. for such revival. By this letter of the Director of School Education it cannot be said that the Government accepted to bear the financial responsibility for the revival of recognition of Nalhati Junior High Madrasah. Further the Memo dated 15/06/1984 written by the Secretary of the West Bengal Madrasah Education Board to the Deputy Director of School Education (I), West Bengal, for the revival of recognition of the said Madrasah refers to the two meetings of the West Bengal Madrasah Education Board held on 17/04/1984 and 14/06/1984 which decided to accord revival to the said Madrasah as Junior High Madrasah and it is recorded also by the Secretary in the said Memo that such recognition was accorded with the expectation that the financial liabilities would be borne in full by the Government. The Secretary asked for confirmation which was never done.;